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Ethics

Saturday, November 14, 2009

A call from a lawyer colleague alerted me to the fact that Judge Laureen D'Ambra is being considered as one of the nominees for a position on our Rhode Island Supreme Court was enough to increase my concern for the people of our fair state.

How many stories are there about Judge Laureen D'Ambra and the damage she caused to Rhode Island Families while she was assigned to the domestic calendarin Washington County for two (2) years on the Domestic Calendar?

I know of six (6) families victimized by Judge D'Ambra's actions in the course of her duties as a Rhode Island Associate family court judge and I am convinced there are likely to be many more.
Due to bronchitis I am not in a position to write nearly as much as I would like at this time about Judge Laureen D'Ambra and the damage I believe she would invariably cause the people of Rhode Island if she were appointed to the Rhode Island Supreme Court by Governor Carcieri, but after this posting I will get ample rest and begin anew in the morning.

It is my understanding that public comment regarding the Nomination of Judge Laureen D'Ambra for the position of a seat on the Rhode Island Supreme Court will be taken on Tuesday evening. I am uncertain where or exactly when, but I intend to speak out in the very least in the form of a formally documented letter to the Nominating Committee as well as to Governor Carcieri as quickly as possible.

As many of you may know or may have read, I fell victim to Judge D'Ambra in a divorce proceeding in July of 2007, and notwithstanding the "free pass" Judge D'Ambra was given on what were clear and definite violations of her judicial ethical canons, the evasion of any type of reprimand was not, in my humble opinion, due to any substantiated finding that Judge Laureen D'Ambra had not violated her judicial canons, but rather that her ability to escape any sort of punishment was by virtue of other considerations be they political, financial or otherwise in the form of "who she knows."

Though I was not born and raised in Rhode Island, it has come to be my home and most likely will be such until the day I die. Yet there are some travesties that I cannot remain silent on no matter what pressures the powers may be may bring to bear upon me or the threat that I will lose my license to practice law which is my livelihood. I am in no uncertain terms convinced that the appointment of Judge Laureen D'Ambra to a seat on our highest Court is not something I can sit by and allow to happen without some sort of action and call to action for others.

If you have been wronged by Judge Laureen D'Ambra and you have felt that you have had no redress and no way of expressing or righting the injustice done to you, I invite you to be present on Tuesday evening to voice your dissatisfaction with Judge Laureen D'Ambra's nomination and consideration for a seat on our state's highest court.

I know of six cases that I have personally investigated that were unwarranted purely due to Judge D'Ambra's own unknown personal agenda and/or her lack of knowledge or even fundamental due process of law while she was appointed to on the Washington County Family Court's Domestic Relations Calendar in 2006 and 2007.

I urge those who have been wronged by Judge D'Ambra, both citizens and lawyers, to come forward and post to this website, call me, contact Governor Carcieri and do what is necessary and prudent to show your lack of confidence for Judge Laureen D'Ambra's holding a seat in our highest court.

If Judge Laureen D'Ambra was lax and caused damage to citizens of our state and counsel who appeared before her in the family court shortly after she was appointed to the family court's domestic relations calendar in Washington County Family Court, what damage and havoc might be done to our state with this woman as a Rhode Island Supreme Court Justice. The thought is almost unfathomable.

I, for one, cannot stand idly by and say nothing based upon what I know about her conduct in recent years. In my humble opinion her conduct does not speak well of our state, has placed our family court in a bad light before the citizens of this state and cannot and should not be tolerated.

Comment here. Tell your story. Express your views and make a difference. Having seen the operation of our court system for the better part of 20 years now, I have seen a need for improvement such that our image is not labeled by the nation as the most corrupt state in the United States. I do not believe our state would regress by the appointment of Judge Laureen D'Ambra to our highest court. The time to speak is now. Write. Call. Send a letter to Governor Carcieri, but do not put this off. There is no time to waste. The committee and the Governor need your direction in the very least away from a candidate that is likely to injure our state and our citizens. Tomorrow begins another day and a reminder of why I am so strongly against Judge Laureen D'Ambra's consideration in this regard.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now Rhode Island's Only Divorce and Family Law Coach!!

It has come to the attention of this Office that a potential
violation of Rule 8.2(a) of the Supreme Court Rules of Professional
Conduct may have occurred due to your posting of various disparaging,
misleading, and false statements regarding a member of the Rhode Island
Judiciary on your website: http://www.attorneypearsall.com/2008/09/judgelaureendam.html as well as on http://www.links4women.com/articles/chris.htm
. Specifically, these entries appear to describe an incident that
occurred in 2007 relating to your conduct as counsel before Associate
Justice Laureen D'Ambra and they contain unfounded allegations of
incompetence and impropriety against Justice D'Ambra as well as another
judicial employee.

Rule 8.2(a) of the Rules of Professional Conduct provides that

A
lawyer shall not make a statement that a lawyer knows to be false or
with reckless disregard as to its truth or falsity concerning the
qualifications or integrity of a judge, adjudicatory officer or public
legal officer, or of a candidate for election or appointment to
judicial or legal office.

While
I fully recognize that members of the public are free to express their
disagreement with decisions made by the Court, attorneys also have a
competing obligation to comply with the Rules of Professional Conduct.
Your recourse for any perceived unfair or inappropriate treatment by a
judges is through an appeal on the merits, or by filing a complaint
with the Commission on Judicial Tenure and Discipline.

Accordingly, we would ask that you refrain from posting these
statements and/or revise the content in accordance with Rule 8.2(a).
Should the comments remain on your website after December 31, 2008 this
office may pursue an appropriate remedy through disciplinary counsel.

Sincerely,

Erika Leigh KruseGeneral Counsel

The following is my response to the General Counsel for the Rhode Island Supreme Court.

Regarding your December 2nd letter, I do not own or control the content at Links4Women.com, therefore I can do nothing about the content that appears there.

I have had no intention of violating Rule 8.2(a) of the Professional
Rules of Ethical Conduct, however I do believe I have the right to
express myself within the bounds of the Professional Rules of Ethical
Conduct.

I will re-read the article at AttorneyPearsall.com and any other articles over which I may still have editorial control in light of my 1 ½ year investigation.

However, it would be very helpful if you (or the unknown complainant)
would identify the statements believed to be in violation of Rule
8.2(a). This will allow me to address any issues quickly and with
clarity.

Thank you for your consideration in this matter.

Respectfully,

Christopher A. PearsallCAP/cp

Notwithstanding my response to General Counsel for the Rhode Island Supreme Court, I have become painfully aware of how things work in Rhode Island.

Therefore, after substantial consideration I have removed this article and any similar articles on my websites in favor of preserving my livelihood.

My thanks go out to the unwavering support of my friends and family through this continuing ordeal.

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